20100251 Ver 1_Notice of Withdrawal_20100923

ANCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 23, 2010
DWQ Project # 10-0251
Harnett County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Rodney Tart
Harnett County Department of Public Utilities
P.O. Box 119
Lillington, NC 27546
Subject Property: Brightwater Medical Complex
Ut to Neills Creek [030607,18-16-(0.7), WSIV]
RETURN OF APPLICATION
Dear Mr. Tart:
On March 31, 2010, the Division of Water Quality (DWQ) received your application dated March 30, 2010,
to fill or otherwise impact 0.35 acres of 404/wetland and 219 linear feet of perennial stream, to construct the
proposed mixed-use development at the site. On April 9, 2010, July 9, 2010, and September 16, 2010, the
DWQ received additional information from you however, the DWQ has determined that your application
remains incomplete and/or provided inaccurate information as discussed below.
Under Brightwater Biotechnology and Medical Center:
Item 3 stated: "Please provide a table of elevations, areas, incremental volumes and accumulated
volumes for the ponds and forebays. This must include rows for key elevations (bottom,
sediment cleanout, permanent pool, temporary pool, etc.)."
The Pond Volume Calculation Sheets provided for each of the four proposed ponds are
incorrect. The accumulated volume at the bottom of the pond should be zero and increase with
decreasing water depth. Also, the table did not extend to the temporary pool, which is needed
to check whether the stated water quality volumes will be treated
2. Item 4 requested a number of items to be shown on the pond profile.
Most of the requested items were provided, however, the temporary pond elevation was not
included Also, in the future, please call out the pond elevations on the pond profile rather
than using a table for ease of reference.
Item 5 stated: "The average depths provided are less than the required minimum of 3 feet. This
depth cannot include the 1,' of sediment storage. Please revise the ponds to provide the minimum
depth or more. Please correct the errors in the calculation of average depth in your resubmittal."
The DWQ has checked the calculation of average depths using the Method 2 formula found on
page 10-13 of the BMPManual. The average depths given on the Supplement Forms appear
to be incorrect.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer
Harnett County Department of Public Utilities
Page 2 of 3
September 23, 2010
4. Item 7 stated: "Planting plans for the ponds must be provided on the plans as per 10.3.7 of the
BMP manual."
The planting plan should show the actual locations of plant species - random placement of
eight different types of species on the shallow water and the shallow land portions of the shelf
will be difficult. Specifications for watering should have been provided as well.
5. Item 8 stated: "Please provide the drawdown calculations for each pond."
These were not found by DWQ. It seems unlikely the each pond draws down inexactly 2.00
days.
6. Item 9 stated: "Please provide a soils test based on in-field borings conducted in the footprint of
the proposed wet detention ponds to document the SHWT elevation. Liners may be required if it
is well below the permanent pool elevations. See also 10.3.2 of the BMP manual."
The note on the plan to provide a liner pending SHWT testing is not sufficient. This
information needs to be provided as part of a submittal. In addition to checking if the SHWT is
too low to maintain a permanent pool, the DWQ also needs to ensure that the ponds will not
dewater any adjacent wetlands.
7. Item 10 stated: "Please show details of all the pond outlets and associated energy dissipation
devices."
The DWQ did not find this information on the BMP plan sheets SW 4.1 through 4.4. The
DWQ will not approve plans without a clear depiction of the outlets.
8. Item l l stated: "Per the BMP Manual, the emergency spillway must be hardened with concrete,
rip rap or other appropriate material."
Root reinforcement matting is insufficient.
Under Harnett Health Hospitals:
1. Item 2(f) stated: "Please provide the SHWT elevations. A liner may be required if it is well
below the permanent pool elevation."
The information provided shows the water table elevations observed on the day of exploration,
but does not estimate the SHWT. Please provide an estimate of the SHWT. If the SHWT of
Pond 1 is more than 0.5 feet below the permanent pool, then please provide a liner. Pond 2
appears to have a different issue: a SHWT that is significantly above the permanent pool. This
could result in dewatering of the groundwater table. Please explore the possibility of raising the
elevation of the permanent pool to avoid this problem.
NOTE: In the new application, the stormwater plan for Harnett Health Hospitals may include only the
new information requested in Item (1) above. A complete resubmittal of the entire stormwater plan for
Harnett Health Hospitals will not be required.
For these reasons your permit application is hereby considered returned. Once you have redesigned
your project to address the problems and inadequacies with your application as it was submitted, you will
need to reapply for DWQ approval. This includes submitting a complete application package with the
appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this activity
and any work done within waters of the state would be a violation of North Carolina General Statutes and
Administrative Code. Please call Mr. Ian McMillan or Ms. Amy Chapman at 919-733-1786 if yQu have
any questions or concerns.
Harnett County Department of Public Utilities
Page 3 of 3
September 23, 2010
7'ai
Ian McMillan, Acting Supervisor
401 Oversight/Express Review Permitting Unit
IJM
cc: Crystal Amschler, U.S. Army Corps of Engineers - Wilmington Regulatory Field Office
Chad Turlington, DWQ Fayetteville Regional Office
File Copy
Troy Beasley, Withers & Ravenel, 1410 Commonwealth Drive, Suite 101, Wilmington, NC 28403
Hunter Freeman, Withers & Ravenel, 111 Mackenan Drive, Cary, NC 27511
Warren Sugg, Mulkey Engineers & Consultants, P.O. Box 33127, Raleigh, NC 27636
Filename: 100251 Brigh twa terMedicalComplex(Ha rnett)Retu rned_Application